Prohibited Trading Activities in Bursa Malaysia

Bursa Malaysia is govern by The Capital Markets and Services Act 2007 (“CMSA“). CMSA prescribes the laws among others, to regulate and to provide for matters relating to trading activities in the capital markets.

The following are four (4) types of trading activities that are prohibited in Bursa Malaysia as stipulated in CSMA.

1. Section 98 of CMSA – Short Selling

Short selling is the action of a person selling shares, which he does not own at the time of selling. Essentially, the law provides that a person shall not sell securities to a purchaser unless, at the time when he sells them:-

he has or, where he is selling as agent, his principal has; or

he believes on reasonable grounds that he has, or where he is selling as agent, his principal has,

a presently exercisable and unconditional right to vest the securities in the purchaser.

A person who contravenes section 98 of CMSA commits an offence and shall, on conviction, be liable to a fine not exceeding five million ringgit or to imprisonment for a term not exceeding ten years or to both.

2. Section 175 of the CMSA – False Trading /Market Rigging

This involves matched transactions where the buyer and seller are the same i.e. either involving the same Central Depository System (CDS) account or “passing around” a specific group of CDS accounts. Transactions result in no change in beneficial ownership (NCBO).

Note: Essentially, the law provides that a person shall not create, or cause to be created, or do anything that is calculated to create, a false or misleading appearance of active trading in any securities on a stock market in Malaysia or a false or misleading appearance with respect to the market for, or the price of, any such securities.

In this respect, we suggest that you avoid placing buy and sell orders concurrently at the same price to ensure that you do not unintentionally matched your own orders and thus resulting in NCBO transaction.

A person who contravenes section 175 commits an offence and shall be punished on conviction to imprisonment for a term not exceeding ten years and to a fine of not less than one million ringgit.

3. Section 176 of CMSA- Stock Market Manipulation

Stock market manipulation is the act of transacting in the securities of a company that will have or is likely to have the effect of raising or lowering or maintaining the price of the company’s securities on a stock market, with the intention of inducing other persons to purchase or subscribe for the company’s securities. Such acts are illegal under the CMSA.

Note: Essentially, the law provides that a person shall not effect, take part in, be concerned in or carry out, either directly or indirectly, any number of transactions in securities of a corporation, being transactions that have, or are likely to have, the effect of raising, lowering or fixing the price of securities of the corporation on a stock market in Malaysia, for the purpose or purposes which may include the purpose of inducing other persons, to purchase or dispose of the securities of the corporation or of a related corporation.

A person who contravenes section 176 commits an offence and shall be punished on conviction to imprisonment for a term not exceeding ten years and to a fine of not less than one million ringgit.

4. Section 188 of CMSA – Insider Trading

Insider trading or dealing is the purchase or sale of a company’s securities effected by or on behalf of a person with knowledge of relevant but non-public material information regarding the company that may affect the price of the company’s securities (price sensitive information) if made public.

A person who contravenes section 188 commits an offence and shall be punished on conviction to imprisonment for a term not exceeding ten years and to a fine of not less than one million ringgit.